If you are the immediate family member of someone who wants to obtain lawful status in the U.S., you must first file a Family Visa Petition on their behalf. Once approved, your family member will obtain a visa which they may use to become a lawful permanent resident, however depending on the relationship some visas may be obtained immediately while others will have to wait. Also, depending on the circumstances of their case some family members will be eligible to adjust their status and become lawful permanent residents in the U.S., while others may have to obtain their visas in their home country through a Consular Process. If you would like to know more Contact us now for a complete consultation.
The Fiancé or K1 visa allows for fiancé’s of U.S. citizens to enter the U.S. from their home country for the limited purpose of marriage and adjustment of status. If approved, the fiancé will be given 90 days after his entry to the U.S. to complete the marriage with the petitioning U.S. Citizen and apply to become a lawful permanent resident. Unmarried minor children of the fiancé may also enter and do not require a separate K visa petition (K2 Visa). It should be noted that waivers may be necessary if the Fiancé has a prior deportation. Houston Immigration Attorney Brian Rhodes has successfully filed Fiancé applications, Contact us now for a consultation.
If you are residing in the U.S. lawfully or undocumented, this process allows you to become a lawful permanent resident in the U.S. and does not require any travel to your home country. To be eligible to become a lawful permanent resident in the U.S., you must have an available visa from a petition filed by an immediate family member or employer, and a lawful entry or petition filed prior to April 30, 2001. In most cases, the petition can be sent with the application to become a lawful permanent resident. Also, while the application is pending, you have a right to apply for an employment authorization card. However, even if you are eligible you may be required to pay an additional penalty or apply for a Hardship Waiver if you fall under a ground of inadmissibility.
This process allows you to apply for admission to the U.S. as a Lawful Permanent Resident, however it requires that the applicant apply for their visa in a U.S. consulate from their home country. Under the present immigration laws, most people will not be eligible to become a Lawful Permanent Resident in the U.S. and they must go through a Consular Process. If you reside abroad, or if you entered the U.S. undocumented and wish to become a Lawful Permanent Resident, you will likely have to go through this process. You may also be required to apply for a Hardship Waiver if you are inadmissible to the U.S. or a Provisional Hardship Waiver if you are eligible. However, if you reside in the U.S. and need to go through a consular process, you do not need to leave until it is time for your consular appointment.
The Provisional Hardship Waiver allows applicants going through a consular process, who entered the U.S. undocumented or overstayed their visa, and have been in the U.S. for more than 180 days to apply for a waiver prior to going to their consular appointment. If approved, your undocumented presence in the U.S. will be forgiven and you can go and return from your consular appointment without any undue delay. To be eligible to apply for the NEW Provisional Hardship Waiver you must be:
If you think you may be eligible for the NEW Provisional Hardship Waiver, or are interested to find out more, please Contact us now for a consultation.
If found inadmissible, an applicant for a visa or admission to the U.S. may be required to apply for an extreme hardship waiver. A waiver may be required for a number of grounds of inadmissibility including:
Further, to be eligible to apply for this waiver you must have a qualifying relative who will endure an “extreme hardship” if the waiver is not approved. A qualifying relative can be a U.S. citizen or Lawful Permanent Resident spouse, parent, or child depending on the ground on which you are inadmissible. To demonstrate the extreme hardship your qualifying relative will endure, a large evidentiary packet will need to be prepared and filed with the proper entity. Houston Immigration Attorney Brian Rhodes has had success with Extreme Hardship Waivers, and can help assist you with this process. Contact us now for a consultation.